[Amended by Ord. No. 9-81]
Application for approval of a preliminary plat or preliminary site plan shall be filed in accordance with Article
XV, Filing Procedure, and shall contain all information required herein. Before the Planning Board considers an application pursuant to this section, the Health Officer shall have approved each lot as capable of proper sewage disposal, either by being connectable to the public sewage disposal system or by use of some other approved method pursuant to local regulations and by Chapter 199 of the Laws of 1954 (N.J.S.A. 58:11-23 et seq.).
If the Committee processing an application finds that said application
is in substantial compliance with the provisions of this chapter,
it shall so report to the Board and the Planning Board shall schedule
a hearing on the application pursuant to this chapter. If the application
is found to be not in compliance, it shall so inform the applicant
and shall require the filing of an amended application which shall
be processed as in the case of the original application.
If the Planning Board requires any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of the hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application. After
the Planning Board is satisfied that the proposed application, together
with any conditions as imposed by the Board, meets all the conditions
of this chapter, it shall grant preliminary approval.
[Amended by Ord. No. 16-92]
Preliminary approval shall, except as provided in Subsection
D, confer upon the applicant the following rights for a three-year
period from the date on which the resolution of the preliminary approval
is adopted:
A. That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
B. That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be.
C. That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
D. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections
A,
B and
C above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
E. Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsections
C and
D and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
F. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection
C or
D.